Somorie Moses v. United States

Whether Amendment 591 to the United States Sentencing Guidelines violates the Due Process Clause by requiring the application of Guidelines sections to factual situations (and crimes) inconsistent with the cross-referenced Guideline? Doing so violates the Due Process Clause of the Fifth Amendment by inserting an arbitrary and non-discretionary (i.e., required) element into the calculation of the “starting point” under the Guidelines, which is inconsistent with this Court’s Opinions in Johnson v. United States, 576 U.S. 591 (2015), and Beckles v. United States, 580 U.S. 256, 263 (2017), even in an otherwise discretionary sentencing scheme.